Property, Leasehold and Housing

"Double hatting" guidance has important implications for landlord's service charge claims

In the recent decision in Avon v Childs [2018] UKUT 0204 (LC), the Upper Tribunal provided important guidance on the issue of “Double hatting” which is likely to see an increase in service charge claims started in the county court and impact on...

Tenants given government guidance on their rights when renting

Tenants and leaseholders can now access official guidance on their rights when renting their home. The online rental guides, published by the Ministry of Housing, Communities and Local Government, are part of a continuing crackdown on poor practice by a...

Developer wins legal battle to build in open countryside

A developer has won the right to build in open countryside despite opposition from the local planning authority. The case involved developer George Barlow and Cheshire East Council. Barlow had applied for planning permission to build 10 houses on open...

Landlords oppose 3-year minimum tenancy proposals

The National Landlord’s Association (NLA) has criticised government proposals to introduce 3-year minimum tenancies. Ministers say 3-year tenancy terms, with a 6-month break clause, are necessary to help renters put down roots, and to give landlords...

Declaratory relief only granted in cases of real dispute between parties

When a tenant of a warehouse sought a declaration from the High Court against a landlord in relation to repairs to the warehouse, the court refused to issue such a declaration. In the case of Office Depot International (UK) Ltd v (1) UBS Asset Management...

Who owns land in the UK? Draft Bill aims to identify overseas owners

Who owns land in the UK (when the land is registered to an overseas company) is being tackled by the Department for Business, Energy and Industrial Strategy (BEIS). The information currently available on overseas owners or leaseholders of land is often...

New Town Development Corporations to deliver more homes

The government is planning to set up several New Town Development Corporations to build thousands of homes across the country over the next five years. The corporations will be accountable to local councils and be responsible for new towns and garden...

Was it reasonably practicable to rebuild a larger house after subsidence?

In a home-owner’s subsidence claim, where relief was sought under the Coal Mining Subsidence Act 1991, the question before the court was whether it was reasonably practicable to demolish the house and build a larger one. In White v The Coal...

Law Commission recommends reform of land registration system

Creating a more effective land registration system is firmly on the Law Commission’s agenda. In a project designed to update the Land Registration Act 2002 – which governs registered land – the Law Commission first published a consultation...

Upper Tribunal calls for right to buy decision to be made "in the round"

The refusal by Milton Keynes Council of a tenant’s request to buy the freehold of a property was upheld by the Upper Tribunal, overturning the decision of the First-tier Tribunal. In the case of Milton Keynes Council v Bailey , the Upper Tribunal...
  • Page 1 of 15